HomeMy WebLinkAboutRES 256 Draft 01 2010-2012 COUNTY OF HAWAII :•_�� =.'/ • STATE OF HAWAII
RESOLUTION NO. 256 12
A RESOLUTION ALERTING THE PUBLIC ACCESS, OPEN SPACE, AND NATURAL
RESOURCES PRESERVATION COMMISSION AND AUTHORIZING THE
DIRECTOR OF FINANCE TO ENTER INTO NEGOTIATIONS FOR THE
ACQUISITION OF THE WAIKAKU`U FOREST PARCELS (TMKS: 8-7-008: 002, 033
AND 034) IN THE AHUPUA'A OF WAIKAKU`U, SOUTH KONA, PURSUANT TO
CHAPTER 2, ARTICLE 42, HAWAII COUNTY CODE 1983 (2005 EDITION,AS
AMENDED).
WHEREAS, three parcels of land (TMKs: 8-7-008:002, 033, and 034; "parcels") are
located approximately between the 96 and 97 mile markers mauka of the Mamalahoa Highway
(Hawai`i Belt Road) in Waikaku`u, South Kona district and just below the South Kona Forest
Reserve; and
WHEREAS, there is great urgency to acquire these parcels which are for sale or at the
least, notify the property owners of the Council's interest in acquiring the parcels, notify the
Public Access, Open Space, and Natural Resources Preservation Commission that these special
lands are under threat of imminent development due to a subdivision designed to be constructed
in a manner to destroy a portion of the watershed in an area of critical habitat for indigenous and
endangered species of both plants and animals, and impede a possibly unmapped Federal
Emergency Management Agency (FEMA) floodway in violation of federal laws; and
WHEREAS,the Kona Community Development Plan states as an environmental
resource objective:
"Objective ENV-3: Fiscal Commitments to Open Space. To affirm the
commitment that expenditures for open space management are just as important as
investments in hard infrastructure (e.g., water, sewer, and roads)"; and
WHEREAS,the Kona Community Development Plan states as an environmental
resource objective:
"Policy ENV-3.1: Acquisition Priorities. To supplement the activities of the County
Open Space Commission, the Open Space Network Program shall identify high
priority areas in Kona for public acquisition, based on the following criteria:
a. Significant value;
b. Extensive public use;
c. Imminent threat by private development;
d. Lack of alternative means of protection."
To comply with the Kona Community Development Plan, the imminent threat posed by
development (c.) indicates that protection via purchase of these parcels is necessary; and
WHEREAS, the Hawai`i County Charter in section 10-15 establishes the Public Access,
Open Space, and Natural Resources Preservation Fund and its purpose; and
WHEREAS, the Hawai`i County Code in section 2-218. Prioritized list of qualifying
lands worthy of preservation states:
"(a) The prioritized list developed by the commission shall be submitted to the mayor
for comments and recommendation. Within sixty days after receipt, the mayor will
submit the list to the council with comments and recommendations. The council shall, by
resolution, select the land or lands to be preserved. Under no circumstances shall the
purchase price paid for a property exceed the appraised value as prepared by an
independent appraiser engaged by the County. Where there are multiple lands under
consideration at any one time, priority shall be given to coastal lands and lands where
matching funding is available to leverage the County contribution."
Nothing in this section states in what order the resolution and the prioritized list shall appear
before the council. Legally, there is no time requirement for or prohibition from the council
issuing a resolution to acquire land at any time; and
WHEREAS,the Legacy Land Commission may authorize up to 75% of the purchase
price for lands with the rare, indigenous, and threatened species; and
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WHEREAS, pertinent facts of each parcel are as follows:
For
Parcel TMK Acreage Owners Sale Facts
Malama Investments
LLC, Frank C Swanson
8-7-008: 002 24.177 Trust, Delbert 0. Smith Yes
Trust, Lillian F. Smith,
and the Saxton Trust
Malama Investments Pristine Native forest
8-7-008: 033 12.710 LLC and Saxton Trust Yes with significant trees
400-1000 years old
Malama Investments Pristine Native forest
8-7-008: 034 35.291 LLC and Saxton Trust Yes with significant trees
400-1000 years old
Total 72.178
WHEREAS, this area contains pristine, natural forest on at least two parcels consisting
of many giant `Ohi`a lehua trees that are estimated to be between 400 to 1,000 years old, many
native and some endangered plant species, five native and endangered bird species, (`Io, Pueo,
`Apapane, `Amakihi, `Elepaio, `I`iwi) that all need to be protected and scientifically studied in
this critical habitat; and
WHEREAS, an ethno-botanist has already identified `Ohi`a lehua trees and estimated
their age at approximately 700 years of age. While `Ohi`a lehua trees are not on the endangered
species list, the State of Hawai`i, Department of Forestry and Wildlife, advised that South Kona
is historically known for its `Ohi`a lehua trees of exceptional size. Some of these `Ohi`a lehua
trees should be listed as "exceptional"trees by the County of Hawai`i; and
WHEREAS, a federally-listed endangered species of palm, Pitchardia assinis (now
maideniana) has been located by the State of Hawai`i, Department of Forestry and Wildlife on
several nearby parcels of land. Based on aerial photography, there is a strong suspicion that this
endangered palm exists on one or more of these parcels; and
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WHEREAS,these parcels of land, especially the two most mauka parcels, are located at
the beginning of the lower reaches of the cloud forest and includes a portion of the watershed,
and the watershed needs to be protected. There is a very large ravine that may be a FEMA-
regulated floodway from the cloud forest running approximately mauka-makai though these
parcels. Any development in or near the ravine-floodway will cause flooding downhill,
potentially as far as the highway, and possibly crossing the highway. Large volumes of water
crossing the highway will endanger lives; and
WHEREAS, the potentially FEMA-regulated floodway involved has not been identified,
surveyed, or even noted on any Flood Insurance Rate Map or Digital Flood Insurance Rate Map
which the County would be responsible to complete; and
WHEREAS,there is interest in collecting the seeds of any endangered species for
reforestation projects in the County of Hawai`i; and
WHEREAS, chapter 2, article 42, section 2-214 of the Hawai`i County Code, established
the Public Access, Open Space, and Natural Resources Preservation Commission; and
WHEREAS,the public desires open space and additionally, these parcels provide for
passive activities and scientific research; and
WHEREAS, these parcels were submitted to the Public Access, Open Space, and
Natural Resources Preservation Commission for possible acquisition; and
WHEREAS, section 2-214, Hawai`i County Code, established the Public Access, Open
Space, and Natural Resources Preservation Fund; and
WHEREAS, section 2-217, Hawai`i County Code, provides, in pertinent part, that the
Public Access, Open Space, and Natural Resources Preservation Commission's first duty and
responsibility is, "To develop and submit to the Mayor an initial island-wide prioritized list of
qualifying lands worthy of preservation..." and for the priorities to be "...listed on an island-
wide rather than district basis"; and
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WHEREAS, section 2-218(a), Hawai`i County Code, states, in pertinent part, "Where
there are multiple lands under consideration at any one time, priority shall be given to coastal
lands and lands where matching funding is available to leverage the County contribution."
Matching funds will be solicited; and
WHEREAS,the Hawai`i County General Plan (February 2005 Edition) states, in
pertinent part, Environmental Quality, 4.3 Policies:
(g) "Participate in watershed management projects to improve stream and coastal water
quality and encourage local communities to develop such projects"; and
WHEREAS,the Hawai`i County General Plan (February 2005 Edition) states, in
pertinent part, 5.0 Flooding and Other Natural Hazards, 5.2 Goals:
"(A) Protect human life.
(d) Prevent damage from inundation.
(e) Reduce surface water and sediment runoff.
(f) Maximize soil and water conservation"; and
WHEREAS, the Hawai`i County General Plan(February 2005 Edition) states, in pertinent
part, 5.3 Policies:
"(n) Develop drainage master plans from a watershed perspective that considers non-
structural alternatives, minimizes channelization, protects wetlands that serve
drainage functions, coordinates the regulation of construction and agricultural
operation, and encourages the establishment of floodplains as public green ways",
and this area needs to have its watershed protected for aquifer recharging and
prevention and reduction of flooding; and
in 5.5.8.2 Courses of Action:
"(b)Establish and maintain appropriate vegetative cover in high rainfall, sediment and
debris producing areas,
(c) Encourage the use of natural drainageways as greenways in the development of the
region,
(d) Maintain and re-establish forest cover in mauka areas to improve the capacity of the
ground to absorb heavy rainfall"; and
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WHEREAS, the Hawai`i County General Plan(February 2005 Edition) states, in pertinent
part, Historic Sites, 6.1 Introduction and Analysis,
"According to the State Department of Land and Natural Resources' Historic
Preservation Division (SHPD), an estimated 11,500 archeological and historic sites have
been identified on the island of Hawaii. However, only 5 per cent of the island has been
surveyed. The other 95 per cent of the island contains an undeterminable number of
historic and archeological sites"; and
WHEREAS, the Hawai`i County General Plan (February 2005 Edition) states, in pertinent
part, in 6.3 Policies:
"(c) Require both public and private developers of land to provide historical and
archaeological surveys and cultural assessments, where appropriate, prior to the
clearing or development of land when there are indications that the land under
consideration has historical significance.
(d) Public access to significant historic sites and objects shall be acquired, where
appropriate.
(f) Encourage the restoration of significant sites on private lands.
(j) Develop a continuing program to evaluate the significance of historic sites.
(k) Develop policies to protect Hawaiian rights as identified under judicial decisions.
(n) Consider requiring Cultural Assessments for certain developments as part of the
rezoning process"; and
WHEREAS, the cultural, archeological, and biological surveys have not been initiated
by the current owner, the State of Hawai`i, or the County. Kupuna of the area state that there are
many burials in the subject parcels; and
WHEREAS, the Hawai`i County General Plan (February 2005 Edition) states, in
pertinent part,Natural Beauty, 7.1 Introduction and Analysis:
"[N]atural beauty is a multifaceted resource. It is an aesthetic resource experienced by
human perceptions... The physical elements that make up the landscape and the
interrelationships of these elements are also of scientific interest. Investigating and
understanding the physical environment are necessary for man to live in harmony with
the environment...Present regulatory process provide an assessment of impacts of
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development projects in order to protect, preserve and restore natural and scenic
resources..."
"[H]awaii's natural beauty is both an irreplaceable asset and a part of the public trust. It
is fragile and although often enhanced by man can easily be adversely affected.
Measures must be taken to insure its protection, both now and in the future, for the
enjoyment of Hawaii's residents and visitors."
and in §7.2: Goals
"(a) Protect, preserve and enhance the quality of areas endowed with natural beauty,
including the quality of coastal scenic resources.
(c) Maximize opportunities for present and future generations to appreciate and enjoy
natural and scenic beauty."
and in 7.3 Policies:
"(a) Increase public pedestrian access opportunities to scenic places and vistas.
(c) Maintain a continuing program to identify, acquire and develop viewing sites on
the island.
(d) Access easement to public or private lands that have natural or scenic value shall
be provided or acquired for the public.
(g) Maintain a continuing program to identify exceptional trees or tree masses.
(h) Protect the views of areas endowed with natural beauty by carefully considering
the effects of proposed construction during all land use reviews.
(i) Do not allow incompatible construction in areas of natural beauty."
and in 7.4 Standards:
"The following standards provide guidelines for designating sites and vistas of
extraordinary natural beauty that shall be protected.
(d) Natural or native vegetation attractive to a particular area"; and
WHEREAS, the Hawai`i County General Plan (February 2005 Edition) states, in
pertinent part, 8.2 Goals:
"(a) Protect and conserve the natural resources from undue exploitation, encroachment
and damage.
(b) Provide opportunities for recreational, economic, and educational needs without
despoiling or endangering natural resources.
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(c) Protect and promote the prudent use of Hawaii's unique, fragile, and significant
environmental and natural resources.
(d) Protect rare or endangered species and habitats native to Hawaii.
(e) Protect and effectively manage Hawaii's open space, watersheds, shoreline, and
natural areas.
(f) Ensure that alterations to existing land forms, vegetation, and construction of
structures cause minimum adverse effect to water resources, and scenic and
recreational amenities and minimum danger of floods, landslides, erosion,
siltation, or failure in the event of an earthquake."
and in 8.3 Policies:
"(h) Encourage public and private agencies to manage the natural resources in a
manner that avoids or minimizes adverse effects on the environment and
depletion of energy and natural resources to the fullest extent.
(i) Encourage an overall conservation ethic in the use of Hawaii's resources by
protecting, preserving, and conserving the critical and significant natural
resources of the County of Hawaii.
(j) Encourage the protection of watersheds, forest, brush, and grassland from
destructive agents and uses.
(k) An identification and inventory of forest lands suitable for watershed purposes
should be conducted jointly by County, appropriate State and Federal agencies,
and private landowners.
(1) Work with the appropriate State, Federal agencies, and private landowners to
establish a program to manage and protect identified watersheds.
(m) Encourage appropriate State agencies to review and designate forest and
watershed areas into the conservation district during State land use boundary
comprehensive reviews.
(o) Encourage the continued identification and inclusion of unique wildlife habitat
areas of native Hawaiian flora and fauna within the Natural Area Reserve System.
(r) Ensure public access is provided to the shoreline, public trails and hunting areas,
including free public parking where appropriate.
(s) Establish a system of pedestrian access trails to places of scenic, historic, cultural,
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natural, or recreational values.
(u) Ensure that activities authorized or funded by the County do not damage
important natural resources.
(v) Within the Kona high rainfall/fog-drip belt, ground disturbing activities such as
excessive soil compaction and excessive removal of vegetative cover should be
minimized and mitigated consistent with management strategies that encourage
the retention of existing forested and pasture areas, reforestation, minimal
coverage by impervious surfaces and other strategies that encourage effective
infiltration to groundwater.
(x) Create incentives for landowners to retain and re-establish forest cover in upland
watershed areas with emphasis on native forest species."
and in 8.4 Standards:
"The following shall be considered for the protection and conservation of natural
resources.
(a) Areas necessary for the protection and propagation of specified endangered native
wildlife, and conservation for natural ecosystems of endemic plants, fish and
wildlife.
(b) Lands necessary for the preservation of forests, park lands, wilderness and beach
areas.
(c) Lands with a general slope of 20 per cent or more that provide open space
amenities or possess unusual scenic qualities.
(d) Lands necessary for the protection of watersheds, water sources and water
supplies.
(e) Lands with topographic, locational, soils, climate or other environmental factors
that may not be normally adaptable or required for urban, rural, agricultural or
public use.
(f) The Coastal Zone and Special Management Area as defined by statute and in
accordance with the adopted objectives and guidelines."; and
WHEREAS, the Hawai`i County General Plan (February 2005 Edition) states, in
pertinent part, Recreation, 12.2 Goals:
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"(a) Provide a wide variety of recreational opportunities for the residents and
visitors of the County.
(b) Maintain the natural beauty of recreation areas.
(c) Provide a diversity of environments for active and passive pursuits."
and in 12.4 Standards:
"(f) Parks for General Use:
• Centered around a major natural asset, such as a sandy beach, a prime forest, or a
volcanic feature and includes historic sites whenever feasible.
• Designed to accommodate users from throughout the County.
• Wilderness and wildland areas are remote from population centers and have limited
access by jeep, hiking, biking, or horseback.
• Facilities include: trails and unimproved roads; designated hunting and fishing areas;
designated conservation areas for nature study and other passive activities; and
wilderness camp sites... and
(h) Public Access to the Shoreline and Mountain Areas"; and
WHEREAS, the Hawai`i County General Plan(February 2005 Edition) states, in
pertinent part, Land Use, 14.8 Open Space, 14.8.1 Introduction and Analysis:
"Open space is used to maintain and/or provide forestry pursuits, water supply, fish and
marine protection, wildlife and endemic plant preservation, recreational pursuits and
visual and scenic amenities... The natural resource base such as air, water, soil and plants
can be protected and enhanced."
and in 14.8.2 Goals:
"(a) Provide and protect open space for the social, environmental, and economic
wellbeing of the County of Hawaii and its residents.
(b) Protect designated natural areas."
and in 14.8.4 Standards:
"Open Space designations shall include:
(a) Forest Reserves
(b) Water Areas
(c) Potential Natural Hazard Areas
(d) Natural Areas and Reserves
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(e) Open Space Recreation Areas
(f) Scenic Vistas and Viewplanes
(g) General Use Conservation Sub-zones with Compatible Uses
(h) Scientific Areas, including Habitats of Endemic Species"; and
WHEREAS, in the Kona Community Development Plan adopted September 25, 2008 by
Ordinance No. 08-131, Chapter 4 on Environmental Resources states the following strategies as
described in 4.3.2 Overall Strategy:
"1.a. Recognizing the Multi-Value Importance of the Mauka Lands. Before human
contact, a band of wet native forest thrived, extending form sea level to 6,000 feet in
elevation (Atlas of Hawai`i, 3`d Edition). Besides being a habitat for native species, this
forest"absorbed much of the rain." This water that percolated into the ground and
recharged the groundwater"reservoirs." As forests were cleared for pasture or other
purposes, much of the rainfall that would have been absorbed now runs off the land
surface. Recognizing the value of these mauka lands for its habitat, groundwater
recharge, and stormwater management values, the objectives are to encourage the
preservation of the forest that remains, the restoration of forest lands, as well as the
innovative restoration of some of the innate functions of the cleared lands (e.g. dentention
basins that mitigate surface flow and promote groundwater recharge)."
WHEREAS, the Exceptional Trees Ordinance Act 105 was enacted by the Hawai`i State
Legislature in 1975. This Act requires the counties, who possess primary control over land
development, to safeguard the exceptional trees from injury or destruction. The listing process
includes submission of a nomination form and presentation to the Mayor's Arborist Advisory
Committees. "Exceptional Trees" by reason of age, rarity, location, size, aesthetic quality,
endemic status or historical and cultural significance may be designated by the County Arborist
Committee as worthy of preservation. Each of the ancient, massive `Ohi`a lehua trees on these
parcels qualify to be submitted as "exceptional trees"; and
WHEREAS, it is suggested that an application to the State of Hawai`i for a Big Tree
designation and entry into that competition be submitted after acquisition; and
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WHEREAS,this property is currently offered for sale and listed privately with a Real
Estate Broker, a"For Sale" sign is posted on the Mamalahoa Highway, and the owner plans to
build a subdivision in this watershed. Its pristine forest, endangered species, and exceptional
`Ohi`a lehua trees will be endangered; and
WHEREAS,the parcels should be purchased using funds from the Public Access, Open
Space, and Natural Resources Preservation Commission and any other funding sources possible;
and
WHEREAS, an application to the State of Hawai`i, Department of Land and Natural
Resources, Legacy Land Commission should be made as it may provide up to 75% of the
acquisition funds; and
WHEREAS, in the interest of: 1) preservation of natural, endangered, and historic-
cultural resources, 2)protection of critical habitat for endangered flora and fauna, 3) control of
potential flooding and mapping this potentially FEMA-regulated floodway, 4) protecting the
watershed and the aquifer and 5)preserving exceptional trees in the County of Hawai`i, 6)
protection of Hawaiian rights for the burials and historic sites, 7)protection of environment, and
8) ensuring recreational opportunities for both residents of Hawai`i and tourists, these parcels
should be acquired by the County immediately; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the
Director of Finance is authorized to enter into negotiations for the acquisition of the parcels for
TMKS: 8-7-008:002, 033, and 034 pursuant to the terms of this resolution. Moneys from the
Public Access, Open Space, and Natural Resources Preservation Fund, federal grants, state
grants, private grants, and any other funding sources may be used; and
BE IT FURTHER RESOLVED that should these parcels be acquired, the Department
of Parks and Recreation shall maintain control of and provide for management of this parcel, its
facilities and amenities, as this property will be a public resource; and
BE IT FURTHER RESOLVED that these parcels, if obtained, collectively shall be
named"Waikaku'u Park"; and
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BE IT FURTHER RESOLVED that should these parcels be acquired, that the
Department of Parks and Recreation shall work with other governmental agencies and arrange
for cultural, historic, archeological, and biological surveys to be completed. Historic sites and
burials shall be identified and buffered per the instructions of the Burial Council and the wishes
of the lineal families involved; and
BE IT FINALLY RESOLVED that the Clerk of the County of Hawaii is directed to
transmit copies of this Resolution to (1)the Honorable William P. Kenoi, Mayor of the County
of Hawai`i, (2)Nancy Crawford, Director of Finance, (3)the Public Access, Open Space, and
Natural Resources Preservation Commission, (4)the County of Hawai`i Arborist Committee,
and (5) the State of Hawai`i, Department of Land and Natural Resources, Division of Forestry
and Wildlife, State of Hawai`i Legacy Land Commission (Kalanimoku Building, 1151
Punchbowl Street(Room 325), Honolulu, HI 96813).
Dated at , Hawai`i, this day of , 2012.
INTRODUCED BY:
Pik/ .,c 6IQ,
COUNCIL MEMBER, COUNTY OF HAWAI`I
COUNTY COUNCIL ROLL CALL VOTE
County of Hawai`i AYES NOES ABS EX
Hilo, Hawai`i BLAS
FORD
I hereby certify that the foregoing RESOLUTION was by HOFFMANN
the vote indicated to the right hereof adopted by the COUNCIL of the IKEDA
County of Hawai`i on
ONISHI
PILAGO
ATTEST: SMART .
YAGONG
YOSHIMOTO
Reference: C-719/FC
COUNTY CLERK CHAIRPERSON&PRESIDING OFFICER RESOLUTION NO. 256 12
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